A. G. KARIBI-WHYTE, JSC (DELIVERING THE LEADING JUDGMENT): On the 3rd February, 1986 the Court of Appeal, Lagos Division, by a majority of 2:1, set aside the judgment of Ayorinde J. of the High Court of Lagos State delivered on the 21st Sept., 1982. This is an appeal by the Plaintiffs against the judgment of the Court of Appeal referred to.
The facts of this case which will be stated immediately hereafter are quite simple and brief. The issues of law involved therein are however not merely of undoubted constitutional relevance and significance; they are also of far reaching importance in the application of the received rules of the common law of England. The facts summarily stated are that Plaintiffs are residents of Ire-Akari Housing Estate, Isolo. The residents have formed an association, Known as the Ire-Akari Housing Estate Association. With leave of the Court, Plaintiffs brought this action on behalf of themselves and all other members of the Ire-Akari Housing Estate Association,…